TRAVERSE CITY -- A lawsuit alleging medical malpractice by Grand Traverse County jail doctors and a nurse causing the death of an inmate can go to a jury after an appeals court overruled a decision by a local judge.
The Michigan Court of Appeals on Monday ruled a malpractice claim by the estate of Christopher Morden, who died in jail April 1, 2002, can proceed against county medical personnel that includes psychiatrist Dr. Marilyn Conlon, Dr. David Wilcox and nurse Margaret Schofield. But constitutional claims against the doctors, county, jail officials and former sheriff Scott Fewins are dismissed.
The suit alleged increases in Morden's anti-psychotic medications while he was in jail caused his death.
"It was horrific, the last few days of the kid's life no one knew what drugs they were giving him," said Linda Turek, a Detroit attorney representing Morden's estate. "His mother told them the kid was acting druggy and asked what was wrong with him. She kept asking and asking and all she got was a dead son in a casket."
County Administrator Dennis Aloia said Schofield is the only county employee involved while the doctors are contracted to provide services. Aloia said the county will seek to have Schofield dismissed from the suit.
The appeals court noted the facts leading up the lawsuit are largely undisputed. Doctors increased Morden's anti-psychotics three times and added a third drug to his regimen of anti-psychotics and antidepressant medication. Medical records noted he was losing weight, walked statue-like, spoke in a low voice with few words and "might be over medicated."
The court said there was enough evidence of negligence and/or gross negligence to take the case to a jury on a malpractice claim, but the facts did not indicate that county jail policies or its doctors showed a "reckless disregard of a substantial risk of serious harm."
The court affirmed 13th Circuit Court Judge Philip Rodgers determination the medical treatment did not violate a constitutional ban on cruel and unusual punishment. The court, however, overruled Rodgers' determination that the statute of limitations on malpractice and wrongful death ran out before Morden's estate filed suit.
